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HomeMy Public PortalAboutResolution 64-376RESOLUTION 64 -376 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE ADVANCE OF FUNDS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUB- LIC PARKING PURPOSES IN CONNEC- TION WITH FORMATION OF PARKING DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF VEHICLE PARKING DISTRICT LAW OF 1943. WHEREAS, on April 8, 1964, a petition for the formation of a vehicle parking district under the provisions of the Vehicle Parking District Law of 1943 (Part 1 of Division 18 of the Streets and Higheays Code) was filed in the office of the City Clerk, and said petition was duly signed by the requisite number of qualified signers and contained all of the matters and things required by law and was in every respect sufficient; and WHEREAS, said petition was checked by said City Clerk, and said Clerk made a certificate to the effect that said petition is signed by the requisite number of qualified signers and presented said petition and said certificate to this City Council; and WHEREAS, proceedings have been duly taken under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (being Division 4 of the Streets and Highways Code) and pursuant thereto a report has been prepared and filed and a hearing set thereon for the same time and place as the time and place herein fixed for hearing of protests and objections; and WHEREAS the City Council on May 18, 1964 adopted Ordinance No. 64 -134, being an ordinance of the City of Temple City, California, declaring the intention of the City Council to form Vehicle Parking District No. 1 and to acquire and improve lands for parking places, as proposed in the petition therefor, fixing June 29, 1964 as the time and place for hearing, and WHEREAS, the above - referenced Ordinance No. 64 -134 pro- vides in Section 4 that Lots 580, 581, 582, 583, and 584 of Tract No. 6561 as shown on map recorded in Book 72, pages 34 and 35 of Maps in the office of the Recorder of Los Angeles County is land to be acquired in fee simple, which property shall hereinafter be referenced as "The Subject Property," and WHEREAS, C. Annette Young, hereinafter referenced as Mrs. Young, owner of the Subject Property has advised her real estate broker, Ray G. Fortner, that unless the Subject Property is pur- chased by the City on or before June 3, 1964 for the sum of $68,500, pursuant to the terms and conditions of City Escrow Services, Inc., Escrow No. 5563, a copy of which excrow instruc- tions are attached to this Resolution, marked Exhibit "A" and made a part hereof as though set forth in full, The Subject Property will no longer be held available for City purchase at the price of $68,500 and will be sold on the open market, and WHEREAS, the City believes that the purchase price of $68,500 is a price below the actual market value, and WHEREAS, it is in the best interests of Parking District No. 1, if formed, that The Subject Property be acquired at the advantageous price of $68,500, and WHEREAS, the City cannot reasonably be expected to lose money, but rather to gain a profit upon the subject land in the event Parking District No. 1 is not formed, and -1- 515 WHEREAS, the Vehicle Parking District Law of 1943 provides (Section 31710, Streets and Highways Code) that the legislative body may advance from the general fund of the City or out of any other available funds such amount of money as may be necessary to acquire property prior to formation of the particular Parking District, and WHEREAS, the City Council desires to advance at the pre- sent time a sum not to exceed $7,500 to secure the Subject Property, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Temple City does hereby find that it is in the public interest to advance in the interest of prospective Parking District No. 1 the sum of $7,500, which sum shall be used to pay the down payment called for in the escrow instructions, Exhibit "A ", as well as escrow expense and interest payments. The remaining balance of said $7,500 shall be used to pay the monthly payments called for in the said escrow instructions. SECTION 2. The Mayor and City Manager are hereby author- ized and directed to execute for and on behalf of the City the aforedescribed escrow instructions, Exhibit "A" and to do such other acts and things which shall be reasonably required to carry out the intent of this Resolution. SECTION 3. The City Council does hereby declare that any money advanced by the City pursuant to this Resolution shall be repaid from the first monies available from cash collections of assessments or sale of bonds or both following the recordation of the assessment in respect to Parking District No. 1, as provided in Section 31710 of the Streets and Highways Code. PASSED AND ADOPTED this June 1, 1964. Mayor of the City of Temple City, California ATTEST: L`city Clerk or t e City f Temple City, Californi 516